Legal Opinion

Wabash Railroad v. Defiance

Supreme Court of the United States

Decided May 10, 1897No. 239PublishedCited by 73 opinions

ERROR TO THE SUPREME COURT OF THE STATE OF OHIO. This was a petition, in the nature of a bill in equity, originally filed in the Court of .Common Pleas for Defiance County, Ohio, to enjoin the city of Defiance from proceeding with a contemplated improvement of North Clinton street and Ralston avenue, by which those streets would be so graded as to necessitate the removal of certain bridges erected by the plaintiff'over its roadway, where it crosses those streets, and also…

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ERROR TO THE SUPREME COURT OF THE STATE OF OHIO. This was a petition, in the nature of a bill in equity, originally filed in the Court of .Common Pleas for Defiance County, Ohio, to enjoin the city of Defiance from proceeding with a contemplated improvement of North Clinton street and Ralston avenue, by which those streets would be so graded as to necessitate the removal of certain bridges erected by the plaintiff'over its roadway, where it crosses those streets, and also the approaches constructed by the plaintiff to those bridges. The material facts were that, in the year 1887, the Wabash,…

1Opinion of the CourtJustice Brown

Plaintiff’s right to an injunction was urged in the state courts upon- several grounds, but the only questions presented to us are whether the ordinance of December 20, 1887, permitting the railway to construct the bridges and their approaches, constituted a contract between the railway company' and the city for the perpetual maintenance of such bridges; and whether the subsequent ordinances of February 7, 1893, impaired the obligation of such • contract, or deprived the plaintiff of its property, or the use and enjoyment thereof, without compensation or without due process of law.

We have…

2Cases cited14 opinions

  1. Transportation Co. v. ChicagoSupreme Court of the United States · 1879
  2. New York & New England Railroad v. BristolSupreme Court of the United States · 1894
  3. Davis v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1856
  4. City Railway Co. v. Citizens' Street RailroadSupreme Court of the United States · 1897
  5. New Orleans Water-Works Co. v. RiversSupreme Court of the United States · 1885

9 more not listed; retrieve them via the Exa API.

3Cited by73 opinions

  1. Atlantic Coast Line Railroad v. City of GoldsboroSupreme Court of the United States · 1914
  2. Chicago, Burlington & Quincy Railroad v. Nebraska Ex Rel. OmahaSupreme Court of the United States · 1898
  3. Field v. Barber Asphalt Paving Co.Supreme Court of the United States · 1904
  4. Bowers v. City of TaylorTexas Commission of Appeals · 1929
  5. Bishop v. MahikoHawaii Supreme Court · 1940

68 more not listed; retrieve them via the Exa API.

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